America and West Indies: November 1703, 1-10

Pages 792-807

Calendar of State Papers Colonial, America and West Indies: Volume 21, 1702-1703. Originally published by His Majesty's Stationery Office, London, 1913.

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November 1703, 1-10

Nov. 1.
1225. Lt. Gov. Usher to the Council of Trade and Plantations. I entered on the Govt. Oct. 22. I found the Indians had done a great deal of mischeife, account of wch. I judge you will have from H.E. [Dudley]. As to this Province, in a poore miserable condition, H.M. Fourt all out of order, being in a grievous condition, the Capt. of the Fourtt which hath bin in itt ever since 1696 never twice in all the time exercised the Militia, att the Fourtt of 80 barrells of powder when I left the Province, but 20 when I came, noe flagg not one sheet of paper, or one piece of canvis to make one cartridge; all the Militia I examined their armes at Newcastle and found not one halfe fitt for service. Shall take care to redress matters, for a vessell with 10 guns and 20 men might have taken H.M. Fourtt, ye wch. is the key to ye whole country, and off most momentt for H.M. service, etc. Signed, John Usher. Endorsed, Recd. 10th, Read Dec. 31, 1703. Holograph. Addressed. ¾ p. [C.O. 5, 863. No. 54; and 5, 911. pp. 162, 163.]
Nov. 1.
1226. Journal of Council of Trade and Plantations. Letter from Mr. Secretary Hedges, about pitch and tar, read. Mr. Bridger and Mr. Wharton ordered to attend.
Nov. 2. Copies of papers laid before the Board by Sir B. Gracedieu relating to the Kingston Acts, etc. granted to Col. Laws.
Letter to Mr. Sansom ordered, to enquire what quantities of tar, pitch and hemp have been imported from the East Country 1701–2.
Letter writ to Mr. Waterhouse and Mr. Haynes to desire them to attend in order to discourse about the importation of Naval Stores.
Nov. 3. Mr. Bridger attending, said that so great tracts of land in America are covered with wood, fit for that service, as particularly about 70 miles between Cape Codd and Rhode Island, and much more elsewhere, that the country is capable of yielding tar more than sufficient for all Europe, and he believed 6,000 barrils might be procured in the first year, from Christmas to Xtmas, 1704, and double the quantity next year, etc. at 30s. per barril.
Richard Haynes and Richard Martin attended and promised to make a proposal in writing. [C.O. 391, 16. pp. 248–252; and 391, 97. pp. 653–662.]
Nov. 1. 1227. Minutes of Council and Assembly of Jamaica. Revenue Bill, Quit-rent Bill, Additional Duty Bill and the Bill for importation of white men, to which the Board had made some amendments, sent down.
Bill for making the Cay of Fort Charles a Port of Entry was read a third time and unanimously past.
Revenue Bill sent up with one amendment only agreed to.
Quit-rent Bill and Bill for encouraging the importation of white men also sent up, the House refusing amendments.
Nov. 2. Acts for raising a Revenue to H.M.; and ascertaining H.M. quit-rents, read the third time and past.
Additional Duty Bill sent up, with the two first amendments only agreed to, was read the third time and passed by the majority.
Bill for continuing an Act for providing an addition to the subsistance of H.M. officers and soldiers, sent up, was read three times and past.
Bill for the importation of white men was read the third time and past.
Message sent down that the Governor required the Minutes to this time to be immediately laid before him.
The Assembly attending, the Governor gave his consent to the above six Acts, and then addressed them:—I am sorry that I must put you in mind that the publick faith of Parliaments and Assemblys has been allwayes held very sacred in reimbursing such sums as have been lent upon it, and that it has not been duly observed by you, as you may easily perceive by your several messages to me and the Council, whereupon several disbursements have been made by the Treasury, some of which as yet you have not made good. But I shall not doubt at your next meeting but that such care will be taken that the Treasury shall be reimburst. All of you will agree that this has been a long and tedious Session, and that your own private affairs as well as the publick does require your attendance in the country, where I heartily recommend to you to put your regimentall troops and companyes in the best order you can, in case our enemies should make an attempt upon us etc. Once more I earnestly recommend a good understanding one amongst another etc. And prorogued them till Jan. 11th. [C.O. 140, 6. pp. 552–556; and 569–574.]
Nov. 1. 1228. Journal of Assembly of Jamaica. See preceding abstract under date.
On request Capt. Sutton had leave to sue out a writ of partition against the Speaker, his Honour consenting thereto.
William Vassall, on request, had leave to waive his priviledge and suffer himself to be sued at Common Law at the suit of Robt. Bowen.
Act for continuing an Act for H.M. officers and souldiers in quarters was read and past the third time.
Nov. 2. Petition of Daniel Griffin being read, Capt. Thomas Hudson and Major John Lewis had leave to waive their privilidges, they consenting, and be sued by petitioner as attorney to Charles Hobby.
And see preceding abstract under date.
Ordered that the Journal that was tore be transcribed fair and left in the hands of Noah Delauny, Hugh Totterdell and Matthew Gregory for that purpose, and to be delivd. to the Speaker. [C.O. 140, 7. pp. 150–154.]
Nov. 2. 1229. Journal of Assembly of Barbados. The House met by virtue of a special summons from H.E. Letter from H.E. read:—Having at the opening of this Sessions recommended to you divers matters relating to your better security and well doing, and withal told you how much more effectual they would be from their dispatch, I can't but with concerne take notice that much time is elapsed and nothing accomplished towards the ends for which I convened you. A further delay will be fatall to you, and that the ill consequence may not lye at my door, I doe very plainly tell you that those amongst you who at this time lay not aside all spirit of division, slowness and private interest, ill answer the trust their country has reposed in them. The Excise Act expires this month, and with it sinks that branch of ye Revenue which is appropriated to maintain the fortifications and defray the most necessary and immediate charges of the publick; it will require all your application to have a Bill ready in time to be presented to me for my assent, and experience has shewn how prejudiciall it is to this country to lett that duty fall though but for a day. I must recommend to your consideration the case of sundry persons who come within the penaltie of several Acts in relation to the payment of double taxes. It appears to me to have happened more through ignorance then designe, and that generally ye poorer and less able sort of people are concerned. It will become you(r) Justice and your charity to give ease in this matter, and if you shall think fit to prepare a Bill for that purpose, when it shall be offered to me in a legal way, it shall have my concurrence. I desire nothing more than to see you established a safe, easy and a happy people; I will chearfully do my part that you may be so, and hope you will not any longer be wanting to yourselves.
Excise Bill read a second and third time.
Ordered that H.E. be addressed, and desired to take into his consideration the moderating the duty of the Guards.
Nov. 3. The above Address was agreed to.
Bill to remit penalties of divers Acts laying taxes on the inhabitants read a first time.
400l. in addition voted for putting Pilgrim's into repair for the Governor.
It was proposed to John Pilgrim to make a lease of 21 years for his house, which the Representatives considered a short time considering the improvements, but Pilgrim was inclinable to let the same for 10 years.
Address ordered for paying Lt. Col. George Peers 175l. sterl. for his moiety of the value of the Constant Jane lost in the country's service.
Address ordered for the payment of 278l. 1s. 3d. to William Reid for servants imported and placed on the country, and 18l. sterl. to Richard Baynes for the maintenance of French prisoners.
The petition of the Hon. Samuel Cox about servants imported referred to a Committee to inquire into and report upon within 2 months.
Several petitions for money due referred to a Committee to audit.
Committee appointed to prepare a Bill to prevent the running away with boats continued for one month longer.
Major Pilgrim said he was not inclinable to allow anything towards what had been done to his house, for that he did not esteem them as repairs, but alterations; but in case the lease should commence from the time the same was taken under the rent of 120l. and the country to bear all taxes and' no allowance for alterations, then he was willing to grant a lease for 21 years; but withall did own that H.E. was to have a lease thereof for as long time as he thought fitt, and that Pilgrim was to allow towards the repairing as far as one, two or three hundred pounds would goe.
It was recommended to this House that H.E. from Session to Session and at any other time and times as he shall think fitt may have a view or copy of the Minnetts of the Assembly, which was consented to. [C.O. 31, 7. pp. 130–135.]
Nov. 2.
St. Jago de la Vega.
1230. Minutes of Council of Jamaica. Various salaries paid. [C.O. 140, 6. pp. 181, 182; and 193.]
Nov. 3.
1231. Minutes of Council of the Massachusetts Bay. 6l. 19s. 8d. paid to Major General Thomas Povey for his expenses at Portsmouth. Accounts of Andrew Belcher, Commissary General, committed.
Nov. 4. 1,825l. 18s. 11d. paid to above for stores supplied to the garrisons eastward and the Province galley, Sept. 14—Oct. 23. [C.O. 5, 789. pp. 544, 545.]
Nov. 3. 1232. Minutes of Council in Assembly of the Massachusetts Bay. H.E. summoned the Representatives to attend, and Samuel Gibson, of Cambridge, was heard upon his petition complaining of a mistryal in a suit commenced against him by John Gove for trespass, etc. and appealed against 1695.
Case of Wm. Merrick heard.
Petition of Mrs. Penelope Winslow, referring to a grant of 800 acres formerly made to Herbert Pelham, heard.
Petition relating to the Great Drawbridge over the Mill-crick in Boston adjourned.
Nov. 4. H.E. sent a message to the House desiring them to proceed with the questions of salaries and Pemaquid, and that no members might be dismist until answers were made thereto. Answer returned that the House were upon consideration thereof.
Committee on the Bill relating to the Proprietors in common and undivided lands, recommended it be laid aside at this Session.
Message sent up to inquire after an Order passed in ye House at a former Session for ye stating of officers' and souldiers' wages; a Bill relating to executors; a Bill relating to the Poor; and a Bill relating to ye proceeding in Appeals upon judgment given in bar or abatement.
H.E. summoned the House to attend the hearing of the case of the great drawbridge.
Nov. 5. Bill relating to executors read a second and third time, passed and sent down.
Order that there be a full hearing of the case of Samuel Gibson (Nov. 3) at the next Inferior Court of Common Pleas in Middlesex, send down and agreed to.
Bill in addition to the Act about pounds, sent up, was read a first time.
Resolve in the case of Harwich and Manamoit sent down.
Resolve as to the great Drawbridge sent down.
Nov. 6. Report of the Committee appointed to meet the Committee of Connecticott, referring to the line betwixt the two Governments, sent down.
Report of the Committee appointed to inquire into and examine the Indian claims to several tracts of Land, read.
A Bill in addition to the Laws relating to appeals read a first time. [C.O. 5, 789. pp. 879–882.]
Nov. 4.
1233. Journal of Council of Trade and Plantations. Letter from the Secretary to Mr. Burchet writ desiring him to remind the Prince's Council of obtaining H.R.H. opinion on the Kingston Act.
Progress made in Report upon importation of pitch and tar.
Letters to Mr. Bridger and Mr. Haynes to bring in their proposals to-morrow ordered.
Nov. 5. Letter from Gov. Sir B. Granville, Aug. 8, read. Copy sent to Mr. Lowndes with letter.
Edward Broughton representing that, about 1695, having by Sir W. Beeston and the Council of Jamaica been put into the office of Receiver of that Island, then vacant, he is now sued here for the profits of that place by the Patentees, and thereupon desiring a copy of Sir W. Beeston's Instructions, Ordered that the same be given to him.
Mr. Haynes excused his not being ready and promised to lay his proposals (Nov. 4) before the Board to-morrow, as also Mr. Bridger.
Nov. 6. Their proposals were read, and they were directed to attend on Monday.
Letter to Mr. Secretary Hedges written [but not sent: Cf. Nov. 11, 12]. [C.O. 391, 16. pp. 253–257; and 391, 97. pp. 663–671.]
Nov. 4.
1234. Minutes of Council of New Hampshire. Nathaniel Fryer, on his petition, was dismist from being a member of this Board, on account of his age and infirmities.
Ordered that all the former Treasurers bring in their accounts from May 16, 1694—May, 1700, to be audited.
The Lt. Gov. (Usher) acquainted the Board that there was letters from Whitehall that all the Records of this Province should be lodged in the hands of the Secretary. Samuel Penhallow, who now hath the keeping of them, said that they were put into his custody by an Order of the L.G., Council and Representatives. He was ordered to produce the said order to this Board at their next sitting.
H.E. having proposed the removal of John Hinkes from his post as Captain of H.M. Fort for several reasons, it is the opinion of the Council that in case H.E. should make any alteration, Shadrach Walton is a very fit and proper person to receive a Commission as Capt. of the same.
John Cotton and Ephraim Manston paid for going post to Boston.
H.E. acquainted Col. Romer that there were several imprest men at H.M. Fort to attend his orders, and that considering the season of the year, they could do no work to the Fort. Col. Romer agreed it was proper to dismiss them and impress no more till next Spring. Ordered accordingly.
Ordered that there be two men imprest at Newcastle to serve as souldjers at the Fort. [C.O. 5, 789. pp. 151, 152.]
Nov. 5.
1235. William Popple to William Lownds. Enclosing extract of Sir B. Granville's last letter relating to the pay of the gunners to be laid before the Lord High Treasurer. [C.O. 29, 8. p. 341.]
Nov. 6.
Treasury Chambers.
1236. Wm. Lowndes to Wm. Popple. It is my Lord Treasurer's desire that when any doubts arise before the Council of Trade and Plantations in points of Law, Mr. Borret, Solicitor for the Treasury, be directed to attend H.M. Attorney and Solicitor Genll. thereupon. Signed, Wm. Lowndes. Endorsed, Recd. Read Nov. 9, 1703. Addressed. Sealed. ¾ p. [C.O. 323, 5. No. 22; and 324, 8. pp. 267, 268.]
Nov. 6.
1237. Minutes of Council of the Massachusetts Bay. 12l. paid to Benjamin Marston for the hire of his sloop in 1702. [C.O. 5, 789. pp. 545, 546.]
Nov. 8. 1238. Sir B. Gracedieu and Others to the Council of Trade and Plantations. Reply to Sir Gilbert Heathcote and Col. Lawes, Oct. 16. It is true that as soon as the Governour had consented to the Laws for disfranchizeing Port Royal and divesting the Freeholders of their propertys there, it was proclaimed at Port Royal, Kingston and Spanish Towne, which being not usual with other Laws, we suppose was occasioned by the zeale and warmth of those Gentlemen whose interest led them to procure the framing and passing those severe Laws, but it's a mistake that the offices were removed to Kingston on this Proclamation, for that they had been oblidged to be kept there, as well as at Port Royal, ever since 1692, the offices indeed ceased at Port Royal, tho' the Receiver General and many other eminent persons still chose to live there. It's true that by compulsion of those Laws many of the merchants and inhabitants of Port Royal resorted to Kingston, some few began to build new houses etc., on which the sums laid out bear no proportion with those on Port Royal, and its probable those persons would have settled there if constant inconvenienceys attending that place had not so soon and so sadly affected them as to oblidge their return to Port Royal, where they are allowed meat, drink and other necessaries of life, notwithstanding the severe prohibitions of these Laws. As to the fatal consequences suggested to attend abundance of people, if those laws be not passed, we denye them intirely, for that we don't pray the seat of Trade may be removed from Kingston, noe, lett them enjoy it still, we only begg that those merchants and others may live and trade on Port Royal as formerly, who find it most safe and convenient for their ships, trade, and most healthy for their bodys, and so the builders at either town will have no cause to complain of injustice, being left to their own liberty and freedom. Nor is there the least parallel between the losses on Port Royal and Kingston, for if those Laws pass the Royal assent, all those buildings on Port Royal and the vast sums expended thereon, far exceeding those at Kingston, will be intirely lost, to the utter ruin of most the Proprietors, whereas if not, yet the builders at Kingston will still enjoy all the freedom and advantages of trade, markets etc. they can reasonably desire, and all ships that will may go up to them, the offices being still obliged to be kept there. As to Col. Lawes, we have a very just vallue for his good character, having lived 40 year on the Island, long of the Council and Chieff Justice, as Sir Gilbert Heathcote saith, who tho' an honest gentleman, yett by his freinds there is said to be very warme and mightily biassed in this matter, which may be very excusable in a person who hath so large an estate so near Kingston, but yet there are of a quite different opinion, Col. Beckford, Col. Ayscough, Col. Knight, Col. Watson, Col. Sadler and many others of the Council, Assembly and most eminent planters, merchants, freeholders and traders etc. As to Col. Lawes asserting that the generallity of people seemed to be resolved never more to trust their lives and estates on Port Royal, many persons of worth and value would never leave it, and utmost application by petition was made to the Council against those Laws, tho' the Petitioners were refused to be heard, and threatened for so humbly endeavouring to preserve their liberty and property. As to the value of the lotts there, it is very little in so incommodious a place, and one of us having lotts there ever since 1692, could never yett sell them for so much money as it cost him to clear the wood or running them out. As to the ships delivering and lading at Kingston after the Laws passed there, they did it by force to their great hazard, charge and delay, however if it be most convenient for them, they may and will always go up to Kingston, tho' this Law be rejected, but as to the Masters' opinion thereof, we refer to their declarations. The buildings at Port Royal are much more numerous and valuable since the fire than at Kingston, and the permission of the Government since the passing these Laws is an evident demonstration that both Governour and people do by dayly experience see the necessity of resettling it. It is so well peopled that by a person come lately thence we are told that there being an alarum sounded on ye danger of an enemy since ye fire, there presently appeared at arms allmost 300 effective men. Col. Lawes owns the Forts at Port Royal to be still standing, whereas indeed they are in much better condition then formerly, when they so deterr'd formidable enemys that they durst not attempt entering that harbour, and as to the provisional subsistance for defending those forts, if any such be made, its but for a few men and that cant be supposed to be sufficient for the defence thereof, the Royal Fort and the others there having above 120 guns mounted, some of them of brass and of great weight and bigness; besides we are humbly of opinion that the Forts will be most safely defended by the assistance of the inhabitants, in which Col. Lawes agrees, having frequently at your Honours' Board declared that if the Forts at Port Royal be maintained, then the people must be permitted to build there again; if the town be not rebuilt, then the Forts must all be destroyed.
If Col. Lilly says that ships and trade are more safe at Kingston without a gunn then at Port Royal wth. all its fortifications, this seems very strangely asserted, but it may be true in part, for that if the ships are once gott through the narrow Channel into Kingston Harbour, and the Harbour of Port Royal left open to an enemy, 'twill be easy for them to sink one or two flyboats loaden with stones in the narrow Channel going to Kingston, where there being no tide nor other convenience for weighing vessels again, the Channel cant possibly be cleared in many months, if at all, and so tho' there may be 10 men of war and 20 merchant ships there, all will be blockt up and rendred useless, and the Parish of St. Katherines, Spannish Town (where the Governor resides) and almost ¾ of the Island will be all exposed to the insults of an enemy riding in Port Royal Harbour, tho' Kingston may perhaps be thus sadly secured. Beside, Col. Lilly must know that all ships coming into or going out of Kingston Harbour must first anchor for some time and ofttimes for many days in Port Royal Harbour, where, if there be no fort to defend them, they will be more liable to the enemy's ships of war or privateers than if in the open sea. As to Col. Lawes last assertion, that if the Laws do not pass, the new builders at Kingston must suffer a far greater calamity than when deceived after the earthquake, the answer is plaine, tho' this Law don't pass, they will still enjoy their buildings with equal advantages and immunitys as Port Royal, and its strange they should so earnestly pursue and desire their private advantage, if it can be obtained no other way then by the ruin of their neighbours' lives, lands and estates, and the utmost danger to H.M. Island. As to the Governor, Council and Assembly there being thought improper judges where they shall remove the chief seat of Trade after so many years being at Port Royal with safety and success, we hope still to enjoy that security and happiness in H.M. decisive Order in Council to reject those Laws, so dangerous to her Island and destructive to her subjects and their trade. Signed, Bartho. Gracedieu, Benj. Way, James Whitchurch, Ste. Mason. Endorsed, Recd. Read Nov. 9, 1703. 3½ pp. Enclosed,
1238. i. Memorial of Masters of ships, that Port Royal is much more convenient for shipping than Kingston. [See above and Oct. 30.] 21 Signatures. 1 p. [C.O. 137, 6. Nos. 13, 13.i.]
Nov. 8.
1239. [Major] Yates to William Blathwayt. Enclosing following to be laid before the Board [of Trade]. Signed, Robert Yates. 1 p. Enclosed,
1239. i. Reasons offered by the merchants of Bristol for the resettlement of Port Royal. (1) It is navigable without the help of Pilots; Kingstowne lies about 2 leagues within the harbour and the channel leading thereto being in showle water and many turnings is (tho' with the assistance of pilots) very subject to misfortunes by running on ground. (2) Port Royal is a harbour where ships may ride safe and load at all times, whereas at Kingstowne the ships ride in danger by the violence of the sea-breezes and can neither discharge nor load while those breezes continue, which are generally from 9 a.m. to 5 p.m. (3) The fortifications at Port Royal are very strong; none at Kingstowne, and if there were, could not secure the Island and trade, for if Port Royal were left under command of soldiers only, the enemy may make-a lodgment thereon and easily burn the ships and town of Kingstowne, likewise hinder any ships from going to or from thence by sinking ships in the narrowest part of the channell leading thereto, to the utter loss of the Island. (4) Port Royall is esteemed to be the healthiest place of the Island, whereas Kingstowne lyes very near morasses and swampy ground yt. occasions very noisome and stinking vapours, which by experience hath proved very unhealthy, and especially since the burning of Port Royall, above one fourth of the people that removed thence to Kingstowne being already dead. And it was one reason of the sailors deserting the Island and going to Curasoa, that they could not be permitted to continue at Port Royall. (5) Port Royal is the most convenient place for the trade and disposal of all goods. 56 signatures. Endorsed, Recd. 11th, Read Nov. 12, 1703. 1 large p. [C.O. 137, 6. Nos. 12, 12.i.]
Nov. 8.
1240. Journal of Council of Trade and Plantations. Mr. Haynes and Mr. Bridger attending, promised to reconsider their proposals and remove ambiguities therein.
Nov. 9. Letter from David Waterhouse and Stephen Mason; as in answer writ Nov. 2, whereby they appear to have mistaken ye subject for which their Lordships then desired to speak with them; the Secretary wrote again to acquaint them that the matter now under consideration does not concern the Charter which they formerly opposed, but relates to the bringing of pitch and tarr from the Plantations by private undertakers, and to desire their particular proposals to-morrow.
Letter from Mr. Burchet (Nov. 8) signifying that Rear Admiral Whetstone being now in town a report will be made in a few days upon the Kingston Acts, read.
Letter from Mr. Lowndes (Nov. 6) read, and Mr. Borrett ordered to attend to-morrow.
A circular letter from Lord Nottingham, Oct. 26, being communicated to this Board, a letter was thereupon writ to his Lordship.
Memorial presented by Sir B. Gracedieu read.
Nov. 10. Mr. Bridger's proposals read, as also Mr. Haynes'. Mr. Mason and Mr. Oursel attending, promised to prepare proposals against to-morrow morning. [C.O. 391, 16. pp. 258–263; and 391, 97. pp. 675–683.]
Nov. 8. 1241. Minutes of Council [in Assembly] of Barbados. Petition of Capt. John Smith, Alexander Forrester and others read, setting forth that they were informed that the Hon. Saml. Cox had made complaint to H.E. that they were supposed to have committed great misdemeanours and breach of the Peace on Friday last at night, and that he had issued his warrant for bringing them before him; that petitioners knowing themselves noways guilty of any misdemeanours or breach of the Peace, and that they only mett in the Old Church Yard to solemnize Nov. 5th in a legal and accustomed manner, and therefore desired H.E. would supersede said warrant, and hear the merits of their cause in Council, or else that it might be referred to the examination of the two next Justices of the Peace, where the supposed offence was alleged to be committed. Petition dismissed.
Account of Edward Arnell referred to the Assembly to report upon.
H.E. having been informed that a prisoner, who was committed for piracy as also another for felony, had lately made their escapes out of the common goale, and supposed to be wilfully or through the neglect of George Wilshire, the keeper, H.E. ordered the Attorney and Solicitor General to prosecute him at the next Grand Sessions.
Bills for laying an imposition upon wines and other strong liquors; and for the encouragement of white servants sent up from the Assembly.
Vote sent up from the Assembly of 400l. more for the repair of Pilgrim's house.
Address for the payment of Mr. Reynoldson's account sent up.
Address for the payment of 625l. 18s. 9d. to Capt. Kingston Townsend, for provisioning the Larke, sent up.
Excise Bill read twice and committed.
Nov. 9. Ordered that writs be published in the parish churches for holding the Grand Sessions the second Tuesday in December.
Excise Bill read a third time and passed.
Bill for encouraging white servants read the first time.
And see Journal of Assembly under date.
H.E. replied to the Address of the Assembly (there given). Nothing can pleasure me more than to find my endeavours are acceptable to you. I am sorry that the guarding is troublesome to the people, but the publick will be very unsafe if the coast bee left naked; that I might contribute all I could to their ease, I have freed them from all duty but what relates to their own preservation, and exempted them from that attendance on my person which had beene customary to my predecessors. If you can propose any better way I shall embrace itt etc.
Writ for choosing a Member for the Parish of St. Phillipp's in the room of Lt. Col. Ince issued.
Petition of Lt. Col. Wm. Terrill to be reimbursed for parish dues for Fontobell Plantation during the Governor's residence there, referred to the Assembly.
Payment of Thomas Reynoldson's account ordered.
700l. ordered to be paid towards the repairs etc. of Pilgrim's House. [C.O. 31, 8. pp. 141–149.]
Nov. 8. 1242. Minutes of Council in Assembly of the Massachusetts Bay. Petition of Bernard Trott, praying for the revival of an Order passed by the Governor and Council of the late Colony of the Massachusetts Bay, 1677, for 59l. to be paid to him for redeeming two Indians, read.
Petition of Joseph Bean, read and sent down.
Bill in addition to the Act about Pounds read a second time and committed.
Resolve about the great Drawbridge was returned from the Representatives with their non-concurrence.
Order referring to Harwich and Manamoit returned with the concurrence of the Representatives:—that Gershom Hall, Benj. Hall, Samuel Hall, Munoa Ellis, Joseph Sefference, and Samuel Nicholson pay their quotas of charges to the town of Harwich, there being a learned orthodox Minister there, until there be one settled in Manamoit, when this Court may take further order.
Message sent down to move the House to consider of a supply of the Treasury to carry through the winter and to procure a stock of powder with, and that they will bring forward the public business lying before them.
Nov. 9. Bill in addition to the Act about Pounds read and rejected, and a new one drawn up.
H.E. sent a message that he was very ill and not able to come to town.
Nov. 10. Resolve sent up, for establishing officers and souldiers' wages, read.
Resolve sent up, for encouragement to the forces that are or shall be detached against the Indian enemy, read.
Order sent up, for reviving the Committee to prepare a bill for further encouraging of Schools, read. [C.O. 5, 789. pp. 882, 883.]
Nov. 9.
1243. Council of Trade and Plantations to the Earl of Nottingham. Having received from your Lordship's Office a Circular Letter from your Lordship of Oct. 26, to the Governors in America, by which we observe that H.M. subjects are equally forbid any trade with the Spaniards as with the French, which we conceive to be contrary to our opinion formerly offered to your Lordship, pursuant whereunto letters were writ to the respective Governours, as also to our Report now in your Lordship's hands to be presented to H.M., we take leave to report, that in this conjuncture a distinction between the French and Spaniards in America is become more than ever necessary in point of trade, and desire that your Lordship's letters may not be sent till H.M. pleasure be known upon our Report, to which we refer ourselves. Signed, Weymouth, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Autographs. 1 p. [C.O. 5, 3. No. 8; and 324, 8. pp. 270, 271.]
Nov. 9. 1244. Journal of Assembly of Barbados. William Holder re-elected Speaker. Several Committees were renewed.
Samuel Maynard appointed a Member of the Committee on the Act of Militia in the room of Lt. Col. Ince decd.
Col. Leslie, Enoch Gretton and Henry Harding excused attendance being sick.
Address in reply to H.E. (Nov. 2) passed with amendments: As the neglect and delays which have lately happened in the publick affaires which you so earnestly recommend to me in your gracious speech having justly laid us under your resentments and ought to put those amongst us, who have been the cause of such a stagnation in business, upon a serious and speedy reformation, so we hope that for the future we shall be all of us ready by our constant attendance to retrieve the time which we have lost, that so great a progress may be made in those matters in your said speech mentioned, that it may result into those publick advantages which are the objects of your Excellency's extraordinary care for our preservation. Nothing can be a greater manifestation of your Excellency's good and gracious Intentions then the kind letter (Nov. 2) representing the unreasonable divisions amongst us as the cause of our neglects in the pressing and emergent affairs of our Country, which hath had so good effect that wee yesterday were enabled to pass the Bill of Excise and thereby preserve that great Revenue which was just sinking. The comiseration which your Excellency hath for the condition of those persons who have been returned as offenders against the several Statutes, as 'tis an Act of great charity and compassion, so 'tis a convincing argument of your Excellency's universal concern for our well being, and more fully demonstrates that you intend nothing so much as zealously to promote our felicity in every particular. And 'its from this confidence and in the dependance wch. we have in your Excellency's good disposition towards us, that we do most humbly lay before you the heavy burthen the Inhabitants in general lye under from the guarding, but especially the poorer sort of people amongst us, who are reduced to the last extremity, which may be of fatal consequence, unless your Excellency will be pleased speedily to interpose with your gracious favour. We shall not presume to offer our advice as to the regulating the Guards, but we doubt not such is the sprightly conduct of your Excellency that you will fall on such measures as may at once both ease us of our burthen and secure us from the insults of our enemies.
Bill for remitting penalties read a second and third times.
The Assembly waiting upon H.E. and Council delivered the above Address and Bill, and acquainted H.E. with the resolves of the House for the maintenance of the Governor's House, and desired a writ for the election of a Representative in place of Lt. Col. Thomas Ince.
Joint-Committee appointed to make agreements with John Pilgrim.
Lt. Col. George Peers was approved of by the Board to be keeper of the Stores of the Magazeen.
Nov. 10. The Members present being but 12 adjourned till Tuesday come sevennight. [C.O. 31, 7. pp. 135–139.]
Nov. 9.
1245. Minutes of Council of New Hampshire. H.E. communicated part of H.M. Instructions to Governor Dudley, that in the absence of any of the Council above 12 months without leave etc. to be null and void as Members of Council, etc.
Ordered that an oath be given to the L.G. and Council for the administration of Justice in cases of Appeal.
Petition of Elizabeth Wybird relating to the seizure of four baggs of cotton in 1701 by Sampson Sheafe read. Ordered that he attend to-morrow to answer it.
Petition of Tobias Langdon read, that he having the command of one of the companys of Militia in Portsmouth, did carry his company to the training field to exercise them, and finding a fence about the said field, did with the concurrence of the Militia officers of the other Company and his own remove it. Whereupon Wm. Cotton, who set it up, made complaint to Lt. Gov. Partridge and Council, who were pleased to amerce petitioner 2l. 10s. 0d. costs, and ordered execution against him without having the benefit of the law and liberty of a subject to be tried by his peers in a legal course. Prays to be acquitted of said cost, or at least that the execution be suspended until William Cotton legally make out his title to the said traineing field, which hath been occupied for that use above 40 years. Ordered that Wm. Cotton attend to-morrow.
Nov. 10. Petition of Capt. Robert Eason for abatement of powder duty, read.
Mr. Sampson Sheafe, attending, owned the substance of Elizabeth Wybird's petition (Nov. 9). Writ of Delivery ordered, directed to the Deputy Collector of H.M. Customs, to deliver the said four baggs of Cotton-wool to petitioner, she first giving in sufficient security to H.M. that in case the said wool shall become forfeited, by any decree of the Judge of the Court of Admiralty, before whom it was tried, within three months, to pay to H.M. the value of the cotton-wool according to apprizement by three just and honest men; but if no such decree pass within 3 months, the same having laid undetermined after trial in said Court ever since last Feb., that then the said bonds be null and void.
Samuel Penhallow delivered the Orders of Council etc. required of him (Nov. 4). The L.G. delivered an acct. of what Records were put into Major William Vaughan's hands, formerly Recorder, and now in Mr. Penhallow's.
Ordered that the Secretary write to H.E. [? Dudley] that this Board humbly offers that as Capt. Eason intends the latter end of this month to sail for England, that H.E. would order an Assembly to meet some convenient time before, in order to lay before H.M. the present state of the Province. [C.O. 5, 789. pp. 155—160.]
Nov. 9.
1246. Minutes of Council and Assembly of New Hampshire. Present, Lt. Gov. John Usher etc. Petition of Robert Eason, Capt. of the Thennett, built in the Piscataqua and in the Queen's service fetching timber ever since, praying for an abatement of powder-duty for that reason, read.
H.E. summoned the Assembly and prorogued them for a month, having received a letter from Governor Dudley "signifying his desire to prorogue you for another month, designing to see you." [C.O. 5, 789. p. 347.]
Nov. 10. 1247. J. Bridger to the Council of Trade and Plantations. In obedience to your Lordships' commands, I humbly propose for myself and others, to supply H.M., from her own Plantations in North America, with 2,500 barrells of pitch and tarr in 5 years to commence from May 31, 1704, at the rate of 20s. per hundred of pitch, and at 30s. p. barrell of tarr, each gauging thirty gallons, to be delivered at Deptford, danger of the seas and restraint of Princes excepted. Provided H.M. advance and pay to the Undertakers in specie at or before the signing of any contract the summe of 6,000l., and after the compleating of the first years contract to advance towards the second year, 4,000l. and the third year 3,000l., the like summ for the fourth year, and 2,000l. for the fifth year; H.M. to find convoy etc., and to protect so many men as are necessary for the sayling of those ships so imploy'd; H.M. to grant letters to the severall Governours to assist encourage and countenance this undertaking. The Undertakers humbly take leave to acquaint your Lordships, that they conceive those stores cannot be furnished at present from those Plantations under the rates proposed by reason they are obliged to procure servants here, and to transport them to the Plantations (without which so great quantities cannot be raised, labourers being very few and dear there). They are further of opinion that after the expiration of this contract they shall be able to furnish H.M. at a cheaper rate, and with greater quantities; and for the encouragement of this undertaking, 'tis humbly hoped H.M. will grant that all naval stores imported from her own Plantations may be custome free. Signed, J. Bridger. Endorsed, Recd. Read Nov. 10, 1703. 2 pp. [C.O. 5, 863. No. 55; and 5, 911. pp. 131–133.]
Nov. 10.
1248. Proposal for importing Pitch and Tarr from H.M. Plantations. Offered by Richard Haynes. Endorsed, Recd. Read Nov. 10, 1703. 2 pp. [C.O. 5, 863. No. 56; and 5, 911. pp. 134–136.]
Nov. 10.
Perth Amboy.
1249. Journal of Assembly of Nova Cesaria [New Jersey]. Obadiah Bown, Jedadiah Allen, Michael Howden, Peter Van Este, John Reid, John Harrison, Cornelius Tunison and Richard Hartshorn, for the Eastern Division; Thomas Lambert, Will. Beedle, Will. Stephenson, Restore Leppincot, John Key, John Hugg jr., Joseph Cooper, Will. Hall, John Mason, and John Smith, for the West Division; Peter Fretwel, and Tho. Gardiner for Burlington; Tho. Gordon and Miles Forster, for the City of Perth Amboy, were all duly sworn or attested as Members. H.E. communicated the original writs and returns to the House. He appointed Will. Anderson Clerk of the Assembly, who took the oaths appointed.
Tho. Gardiner was chosen Speaker. He was approved by H.E., who recommended the Council and Assembly to apply themselves heartily and seriously to the reconciling the unhappy differences of the Province etc. He recommended to the Assembly that the Bills they should think fit to offer should not be repugnant to the Laws of England; that the stile of enacting should be by Governor, Council and Assembly, and each different matter enacted by a different Law. In all Laws granting money and imposing fines express mention to be made that the same is granted unto H.M., her heirs or successors, for the public use of this Province and the support of the Government thereof. "I am farther commanded by the Queen to recommend it to you to raise and settle a Revenue for defraying the necessary charge of the Government of this Province, in order to support the dignity of it; and to prepare a Bill or Bills whereby the right and property of the General Proprietors to the soil of this Province may be confirmed to them, according to their respective rights and titles, together wth. all Quit-Rents and all other Privileges, as are expressed in the conveyances made by the Duke of York, except only the right of Government which remains in the Queen. H.M. has been graciously pleased to grant to all her subjects in this Province (except Papists) Liberty of Conscience. No Governor is henceforth to receive any present from the Assembly. In reply to the request of the House that H.E. would grant them their accustomed rights and privileges, vizt. (1) that their members and servants be free from arrest or molestation during the Session, (2) that they may have free access to H.E., (3) liberty of speech and a favourable construction of all debates, (4) that if any misunderstanding should happen to arise between the Council and this House, a Committee of the Council may be appointed to confer with a Committee of this House for the adjusting and reconciling all such differences; H.E. granted the three first, but rejected the fourth as an innovation.
Nov. 11. Address to H.E. agreed upon, expressing the thanks of the House for his Speech and their satisfaction in his appointment. "We are well assured the Proprietors, by their surrendry of their rights to the Government of this Province, have put us in circumstances much better than we were in, they not being able to protect us from the villanies of wicked men, and we have an intire dependance on H.M. that she will protect us in the full enjoyment of our rights, liberties, and properties. … We think our stars have been propitious in placing us under the government and direction of the greatest of Queens and the best of Laws etc. We shall joyn our utmost endeavours to unite our unhappy differences etc. We shall follow the directions given in your Excellency's Speech with what dispatch the nature of the things require."
All the Members agreed to the subject matter of the above, though several of them dissent from the stile of some of the expressions.
The House attending, H.E. accepted their address very kindly.